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A Times Editorial
© St. Petersburg Times, published January 21, 2002
Many of us discover, as Janet Makinen did, that as we age it becomes easier to put weight on than to take it off. She probably knew in her heart that exercising more and eating less were the only sure ways to lose weight, but as many do each day, she chose easy over sure. Makinen paid $150 for a product called Evening Weight Loss Formula from Body Solutions. Drink a tablespoonful every night before bed, the product promised, and while you sleep you "lose weight while building lean." The result: After 90 days, Makinen had gained 6 pounds.
Now she is suing the company, and her attorney is discovering other Tampa Bay area residents duped by Body Solutions. Makinen heard the product touted on WWRM-FM 94.9, where it is endorsed by on-air personality Mark Jackson. But Makinen's allegations about the product don't bother station manager Mark Tuuri. "Advertisers have products that they like to advertise," he said in defending Jackson. The case undoubtedly will raise issues of false advertising and weak governmental oversight of the supplement industry. It should also be a reminder that every snake oil salesman needs a sucker for the scam to work.
If the federal government did a better job of regulating the nutritional supplement industry, Makinen might have saved her money and been on the road to a slimmer self. But the U.S. Food & Drug Administration has a different set of rules for supplements from those for food and drugs. Dietary supplement manufacturers are, essentially, responsible for policing themselves, although the FDA will take action against an unsafe product.
Another agency, the Federal Trade Commission, does warn about diet fads, but it is left to consumers to inform themselves. The FTC Web site can be a good place to start (www.ftc.gov), or call (877) 382-4357. Here is what the FTC says about products such as Evening Weight Loss Formula: "Claims for diet products and programs that promise weight loss without sacrifice or effort are bogus."
Fifty-million Americans will diet this year, but only 5 percent will succeed in taking weight off and keeping it off. If only a tablespoonful of common sense before bed every night would make us smarter about dieting.